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HomeMy WebLinkAboutHerman Tolkan - Oka Brothers - Reimbursement Agreement 110 - TOPIC FILE N0. ,� LEGISLATIVE HISTORY RECORD - DETAIL ; ��O �5z,► T~ 53,E-715- 19 DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE -2 - -7 4 1 o- - n 0 4A o Icy 8 -93 fir g FILE NO- TOPIC LA "11Z .�o� l C`�� 30VFR Nii I C D DR. • City of Huntington Beach P.O. BOX 190 CALIFORNIA 926411 ENGINEERING DEPARTMENT June 7, 1974 Honorable Mayor and City Council City of Huntington Beach . Attention: David D. Rowlands City Administrator v Subject: Reimbursement Agreement No. 110 Drainage Area 7C Gentlemen: Transmitted herewith is an Assignment from John Levin to Herman To.lkan of John Levin's rights. in . Reimbursement Agreement No. 110. The Assignment has been approved by the City Attorney as to form and meets the approval of this office. It is suggested that the City Council approve the Assignment and to instruct the Mayor and City Clerk to execute same. The City Clerk should remit one copy to this . _ _....--....�..__.____ .. office for transmittal. Very truly.yours, Har Director of Public Works H9H-DLC:el Trans. 6 FACTORING A. H. TOLKAN �51 1" �i __ CT ING CCOI:'.NTS RECEIVABLES _ A.. W PMti12�3AVE. 2s Sc?HQbl-YVIGDR*69W;ALI F. �g59 BEVERLY HILLS, CALIF. . $EVELT �.q CALIF,�L�uo - 1 i ram` r` iI r ACCEPTANCE The undersigned assignee accepts the foregoing Assignment and, in so doing, acknowledges that the CITY OF HUNTINGTON BEACH, a municipal corporation, may not pay any sums pursuant thereto, unless and until the work contemplated in- the Reimbursement Agreement has been done and completed; and, provided, further, that the CITY OF HUNTINGTON BEACH receives the funds to be paid it pursuant thereto. DATED: Herman H. Tolkan CONSENT The CITY OF HUNTINGTON BEACH, a municipal corporation., does hereby consent to the foregoing Assignment, and acknowledges receipt of a copy hereof. DATED: CITY OF HUNTINGTON BEACH A muncipal corporation By Ma r -- . ;,Fto •rEM APPROVED AS TO CONTENT ATTEST: BY............................ .............. CITY /IOP,9i«1STRATOR City Clerk ASSIGNMENT The undersigned, John -Levin does hereby sell, assign, transfer and Set over unto ' Herman Tolkan , all of his right, title and interest in and to that certain REIMBURSEMENT AGREEMENT, No 110, dated the 22nd day of. September, 1964, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, and OKA BROTHERS, a corporation, and which- Reimbursement Agreement was executed in . connection with the construction of a storm drain in, conjunction with the development of Tract 4992, in the County of Orange, State of California. DATED: August V ., 1973. Jo I�J Levin STATE OF CALIFORNIA ss. COUNTY OF OS ANGELES ) On V , 1973, before me; the undersigned, a Notar Public i and for said State, personally appeared V'v— , known to me to be the person ose name is .subscribed to the within instrument and acknowledged that he executed the same. WITNESS y hand and official seal Signature ame (Typ d or `Printed) 4 ` DEPT. OF PUBLIC WORK,S MAY 2 4 1974 4 HUNTINC3TON BEACH. CALIF. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF H UNTINGTON BEACH AUTHORIZING REIMBURSEMENT OF DRAINAGE FEE FROM DISTRICT 7C WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for fiscal year 1973-1974 by Resolution No. 3711; and Section 5 of said Resolution No. 3711 specifies the procedure for authorizing expenditures from special funds; and The Director of Finance and the City Administrator have recommended an expenditure; and The City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by •the. City Council of the City of Huntington Beach that reimbursement from Drainage District 7C funds in the sum of$15,986 .19 is hereby authorized to be made to HERMAN TOLKAN, 825 South Sherbouirne Drive, Los Angeles, California, 90035,. for payment in full .of reimburse- ment agre"ement4110 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June, 1974 Mayor ATTEST: APPROVED AS TO FORM: ' City Clerk City orn APPROVED AS TO CONTENT: City Administrator /cs ASSIGNMENT The undersigned, John Levin does hereby sell , assign , transfer and set over unto Herman Tolkaii all of his right, title and interest in and to that certain REIMI3LJRS1,111.tgT AGREEMENT, No. 110, dated the 22nd day of September, 1964 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, and OKA BROTHERS,, a corporation, and which Reimbursement Agreement was executed in connection with the construction of a storm drain in conjunction with the development of Tract 4992 , in the County of Orange, State of California. DATED : August jG , 1973. o n Levin STATE 01' CALIFORNIA ) ss , COUNTY OP-,.,L' OS ANGBLES ) On '' v ' 11 , 1,973 , before me, the undersigned; a Notar,y Public ' n .and for FJaid State , personally appeared tih known to me to be the person ose name is subscribed to the within instrument and acknowledged that lie executed the same. W1TNE ".Imy hand and official seal . r Signature Nam `i' Merl or Pr irited � � ) • City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT May 14 , 1974 Honorable Mayor . and City Council City of Huntington Beach Attention: David. D. Rowlands City Administrator Subject: Reimbursement Agreement No. 110 Gentlemen: Transmitted herewith is a resolution for your approval authorizing payment of $15,986.19 from Drainage District 7C to Mr. Herman Tolkan. Mr. Tolkan was assigned the subject agreement from Oka Brothers, builders of the drainage facilities for which the agreement was drawn. There are sufficient funds in the district for this reimbursement. I therefore request that you approve the resolution and authorize this reimbursement. very truly yours, H. E. Hartge Director of Public Works HEH:DLC:el Trans. WHITE-CITY ATTORNEY CITY OF HUNTIN(;TON BEACH No. BLUE-CITY CLERK GREEN-CITY ADMINISTRATOR -'0( CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 5-14-74 H. E. Hartge, Director Public Public Works Works INS'I'RucrtONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: ' Authorizing payment in the amount of $15, 986.19 from Drainage District 7C to Herman` Tolkan, 825 South Sherbourne Drive, Los Angeles, Ca. , 90035, for payment in full of reimbursement agreement #110 . a a l :i '4 Desired effective date Signed: Approved as to availability of funds Immediately Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator April 23, 1974 Mr. Herman H. Tolkan 825 South Sherbourne Drive Los Angeles, California 90035 Subjects Reimbursement Agreement No. 110 Dear Mr. Tolkan: In response to your inquiry of April 18, concerning payments on the subject agreement, be advised that such reimbursement can be anticipated as soon as drainage fees from Tract 8578 are received from Covington Brothers. Agreement No. 110 is first in line for payment in Drainage District 7C, and I expect that fees will be paid by Covington Brothers in four to six weeks. Thereafter request will be made to City Council for disbursement of these funds. In all, I believe you can expect that reim- bursement will be forthcoming in six to eight weeks. Very truly yours, H. E. Hartge Director of Public Works HEH:DLCsmc r-- ®® City ®f Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT LETTER OF TR:NSMITTAL To: Bell & Knowlton Date: -octobes 10, 3 973 1100 Glendon Ave. , Suite 1250Project: Assignment of Reimbursement Los Angeles, Calif. 90024 Agreement No. 110 Attn: Don J. Bell Gentlemen: - We are sending [:] herewith ❑under separate cover ❑by mail per your request [:]per the request of [:] street improvement. plans ❑correspondence ❑ parcel map ❑estimates ❑ record map ❑ legal descriptions ❑ contract documents ❑ grading plan El For: ❑ Corrections [jj Your file ❑Approval ®Your use ❑Distribution ❑Your information Remarks: We will need Mr. John Levin I s address so we can send him---reimbursement payments in the future. Byn.,__ cc: t-a J� City of Huntington Beach P.O. BOX ISO CALIFORNIA 92649 ENGINEERING DEPARTMENT September 12, 1973 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Roi4lands City Administrator Subject: Reimbursement Agreement No. 110 Drainage Area 7C Gentlemen: Transmitted herewith is an Assignment from Herman Tolkan to 'John Levin of Herman Tolkan's rights in Reimbursement Agreement No. 110. . The Assignment has been approved by the City Attorney as to form and meets the approval of this office. It is suggested that the City Council approve the Assignment and to instruct the Mayor and City Clerk to execute same. The City Clerk should remit one copy to this office for transmittal. Very truly yours, H. E. Hartge Acting Director of Public Works and City Engineer HEH:CPS:ml Encl. �4 ' CITY OF HUNTINGTON BEACH ��JL "�J INTER-DEPARTMENT COMMUNICATION ��� HUNTINGTON BEACH To City Attorney From H. E. Hartge Subject Date August 20, 1973 Transmitted herewith is an assignment of the rights of interest of Reimbursement Agreement No. 110. The original agreement was with Oka Bros. and was later assigned to Herman Tolkan. As I read the enclosed agreement the intent is that future assignment will be made to John Levin. Please review the documents and if they meet your approval, sign and return to me for transmittal to the City Council. H. E. Hartge ,Acting Director of Public Works and City Engineer HER:ae Trans. G�� O F HUNT i2 �� z � co C�EF�T. OF Pl.)91_Ir Wf"�r�t« nMr�-,� r•i J U HIJNTINGTON BEACH, CAL-IF. I i' `0000000000 IMPORTANT! e�a000000 To Date 9- Time While You Were Out Mr. of Phone TELEPHONED PLEASE CALL { CALLED TO SEE YOU WILL CALL AGAIN i I WANTS TO SEE YOU RUSH Message Operator --- LAW OFFICES BELL & KNOWLTON DONALD J.BELL A PROFESSIONAL CORPORATION i AREA CODE 213 HUGH E.KNOWLTON 1100 GLENDON AVENUE - SUITE 1250 TELEPHONE 879-911S I LOS ANGELES, CALIFORNIA 90024 August 8 , 1973 i I City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 I Attention: H. E. Hartge, City Engineer Re: Reimbursement Agreement No. 110 I ' Dear Mr , Hartge : I In connection with the above Reimbursement Agreement, I am enclosing herewith two executed copies of an Assignment and Acceptance dated August 8 , 1973 between our client Herman Tolkan, and John Levin.--- Mr. Tolkan has requested that I send these documents to you and asked that you obtain the approval of the City Attorney and the signature of the Mayor and return one fully signed copy to me. Mr. Tolkan asked that I pass on his best regards to you. Verity truly yours , I DONALD J. BELL DJB:gw DES°T. .• _IC VVOFti'K= Encls. cc: Herman Tolkan w vlG<d.1�� ge 46 e, 00 ----- -�. --f_'2.•��bGv/'.r.tjn� L--_af/�'6_cr���ss��_A�Q_-• -- ��l�i— / a�i`u�mG.z a�rsi9 �/'�l - /h 6L/'J J SO - � r -- Gcic/GG�r.G;ti� - dl - -- - --��z or-,' i�� rretL_C�i����c►s,�� -o-'��-- -���.7� iT-�y° , - ���__ ���/f� _ y% l f -- WHITE-CITY ATTORNEY BLUE-CITY CLERK CITY OF HUNTINGTON BEACH No. GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL ;,; REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 10-5.72 Ted Mullen Fublit Works INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Request for expenditure of funds from Drainage District 7C as partial reimbursement on Agrement No. 110 assigned to Herman Tolkan, in the amount of $7t684.00. The above amount is the balance of funds pa#d into District 7C by other developers and not as yet reimbursed on this or previous agreements. Desired effective date Signed: Approved as to availability of funds 10-16-72 Director of Finance City Attorney—Please prepare and submit printed copies to this office by: I ; i (:itv Ariminictrnrnr -fie 119 - ---- ------- 62 -- w�l�-� ---- RESOLUTION NO. :5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7C FUND. WHEREAS, the City Council -of the City of Huntington Beach has adopted a budget for the Fiscal Year 1972-1973 by Resolution No. 3503 and WHEREAS, Section 5 of said Resolution No . 3503 pro- vides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Finance and the. City Adminis- trator have recommended an expenditure, and WHEREAS, the City Council hereby approves said rec- ommendations , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that an expenditure in the -amount of Thirty Thousand Dollars and 00/100 Dollars ($30,000. 00) is hereby authorized to be made from the Drainage Distric �7C und, such fund payable to Herman nTol partial eimbursement on Reimbursement Agreement " o. 110 o Oka Bros . and assigned to Tolkan. ASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of August , 1972 . Mayor ATTEST: APPROVED AS To FORM : My Clerk City AttoTne ACCEPTANCE The undersigned assignee accepts the foregoing Assignment and, in so doi.rlg , acknowledges that the CITY OF' HUNTINGTON BEACH, a municipal `.-orpor-ation, may not pay any. sums pursuant thereto, unless and until the work coiitempl ate•l i.n the Reimbursement: Agl r'('rh,nt has been dine and completvd; and, . provided, furl.l►er , ':.hat.t. the CITY 01 HtINT I INCTON 111-7WIl receives the funds to 1- p.li-1 it= pljrt,uanl- i.horoto. DATED: Auyust 8 1071 , John ,ev in CONSENT The CITY OF' HUNTING'1ON 131.:ACti, r) corporation, does hereby consent to the fore(loing Assiq Iw ,it :).l)rl ac•1:nowledges receipt of a copy her-of . . DATED: 1071 . CITY OF' III;P 'I'T141- 'ON BEACH A nI),IlAci pii ! corporation t4`7 "`1'_..r..;f._-.... AS TO FOR7: r tone U I From the De of: 6I LL HARTG E ' 7 Ile y � K� �y, > i ^Ft r x,E.,, -$,y .:K•s ,1,t ''tea { r*" .x° 'Fa. C� �' � R14 a�r�'P Ale, $17 Was .r s,ese- 40 f s. Daar Sirs 7 1®sed@ is a sketch of Dralsage District 7-C in which your rofz- bursemut is written. The Band that has vAt be" d*"1vVed Is show by the aimunt w _ acreage of each Psrcel. The t*tal eat of s® prcele as appmBul- mmtely acram Ohich will yield , ' inn fees. ft4 li L hide a priorpoi sit agreement, to etiYl - appr t �77 , � at is�it�ed :ice t'ot itu � f o >�sed Tory ttvly yours, James It. Wheeier 4 Di for of Public Works J tWsDGBsTKsnt Enc. I . 144 LC e t ' H. H. TOLHAN S25 & SHE$BOURNE DR. LO$ANGIMR4 CAMP. 90035 IMPORTANT! To— Date- l,7' Time While Yon Were Out Mr. ..� of— Phone �-�/ G a — 1�e/1O_ TELEPHONED PLEASE CALL GALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH Message Operator FORM 668-A DErARTMENT OF THE TREASURY,—INTERNAL WEVENUE SERVICE (REV. NOV. 1969) DATE - NOTICE OF LEVY f 08-25-71 111 TO Qln OF MJ.WI1Dr1'0N BEACH CTffic CEWER - ' - ORIGINA ING DISTRICT You are hereby notified that there is now due, owing and unpaid to the United States of America from the taxpayer whose name appears below the sum of 30 $ 70 TAX FORM DATE OF UNPAID STATUTORY NO. PERIOD ENDED ASSESSMENT IDENTIFYING NO. BALANCE OF ADDITIONS TOTAL ASSESSMENT 941 09-3D-70 12-W 95-228532D' 317*76E 13,33 np 15.01 ,ViA.,T5 941, 12-32-69 03.20-70 95-226532D .5a- 4.2a FTF 12.77 3 .55 TOTAL AMOUNT DUE 385i 70 You are further notified that demand has been made for the amount set forth herein upon the taxpayer who has neglected or refused to pay, and that such amount is still due, owing, and unpaid from this taxpayer. Accordingly, you are further notified that all property, rights to property, moneys, credits, and bank deposits now in your possession and belonging to this taxpayer (or with respect to which you are obligated) and all sums of money or other obligations owing from you to this tax- payer, or on which there is a lien provided under Chapter 64, Internal Revenue Code of 1954, are hereby levied upon and seized for satisfaction of the aforesaid tax, together with all additions provided by law, and demand is hereby made upon you forgibe--alngunf�,necessacy...tq,wtisf V T—Liability.,.set..forth,�o,reia.-ort�r_sucb-lesser soar:asyou_u_mny- be,indel�#9d applied as a payment or .his.tax lia[iiXity. Checks or money �oM rs should be made:,payable to "Internal Revenue Service". SIGNATURE KO E* nos TITLE 95��r5—% ADDRESS (CITY AND STATE) C'Cf', CERTIFICATE OF SERVICE I hereby certify that this levy was served by (Name and Address of Taxpayer) "14 /IV& cgliXazing a copy of this notice of levy to the i. person named below. NAME ,.. OKA OS TITLE 817 TJ Bove lY Blvd, mantebgnos cauf. go64o DATE AND TIME LG ATURE OF REVENUE OFF ER FORM 668-A PART 2—TO BE RETAINED BY ADDRESSEE (REV. 11.69) :XCERPTS FROM THE INTERNAL REVENAODE SEC.6331. LEVY AND DISTRAINT. case of a levy which is satisfied pursuant to subsection (b), such organi- zation shall also be discharged from any obligation or liability to any (b) SEIZURE AND SALE OF PROPERTY.—The term "levy" as used beneficiary arising from such surrender or payment. in this title includes the power of distraint and seizure by any means. A levy shall extend only to property possessed and obligations existing SEC. 6334. PROPERTY EXEMPT FROM LEVY. — at the time thereof. In any case in which the Secretary or his delegate may levy upon property or rights to property, he may seize and sell (a) ENUMERATION.—There shall be exempt from levy— or such property or rights to property (whether real or personal, tangible p intangible). (1) Wearing Apparel and School Books.—Such items of wearing ap- (c) SUCCESSIVE SEIZURES.—Whenever any property or right to parel and such school books as are necessary for the taxpayer or for .property*upon which levy..has been made by virtue of subsection (a) members of his family; is not sufficient to satisfy the claim.of the United States for which levy is made, 'the Secretary or his delegate may, thereafter, and as often (2) Fuel, Provisions. Furniture, and Personal Effects.—If the tax- as may be necessary, proceed to levy in like manner upon any other payer is the head of a family, so much of the fuel, provisions, furniture, property liable to levy of the person against whom such claim exists, and personal effects in his household,-and of the arms for personal use, until the amount due from him, together with all expenses, is fully paid. livestock,-and poultry of the taxpayer, as does not exceed $500 in value; SECS 6332. SURRENDER OF PROPERTY SUBJECT TO LEVY. of the Books and tTbols of a Trade,'Business, or Profession.—So many e books and tools necessary for the trade, business, or profession of the taxpayer as do not exceed in the aggregate.$250 in value. '(a) REQUIREMENT—Except -as otherwise provided in subsection (b), any person in possession of (or obligated with respect to) property (4) One aipfoymelnt-Bene#its.—Any amount payable to an individual or rights to property subject to levy upon which a levy has been made with respect to his unemployment (including any portion thereof payable shall, upon demand of-the,Secretary or his delegate, surrender such with respect to dependents) under an unemployment compensation law property or rights (or discharge such obligation) to the Secretary or his of the United States, of any State or of the District of Columbia or of delegate, except such part of the,property or rights as is, at the time the Commonwealth of Puerto Rico.. of such-'demand,.subject•-to•. an attachment or execution under any judiciaf process: (5) Undelivered Mail.—Mail, addressed to any person, which has (b) Special.Rule for Life Insurance and Endowment Contracts. not been delivered to the addressee. r • : (6) Certain Annuity and Pension Payments.—Annuity or pension (1) In general.—A levy on an organization with respect to a life in- payments under the Railroad Retirement Act, benefits under the Railroad surance or endowment contract issued by such organization shall, with- Unemployment Insurance Act, special pension payments received by a out necessity for the surrender of the contract document, constitute a person whose name has been entered on the Army, Navy, Air Force, and demand by the Secretary or his delegate for payment of the amount Coast Guard Medal of Honor roll (38 U.S.C. 562). and annuities based described in paragraph (2) and the exercise of the right of the person on retired or retainer pay under chapter 73 of title 10 of the United against whom the tax is assessed to the advance of such amount. Such States Code. organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a.certification by the Secretary or his 7) •Workmen's.Com ensation.—An amount delegate that a copy of such ngtice,has been.mailed to the person ( Y payable to an `indi- against whom the tax is assessed at his last known address. vidual as workmen`s compensation (including any'portion thereof pay- able with respect to dependents) under a workmen's compensation law of the United States, any State, the District of Columbia, or the Com- (2) Satisfaction of levy.—Such levy shall be deemed to be satisfied. monwealth of Puerto -Rico.- if such organization pays over to the Secretary the..-...:or his delegate-the•. .. amount..whieh•the person against whom the tax is assessed could have — ~ had adArtcod to him by such. orgaoization on the date prescribed in SEC. 6343. AUTHORITY TO RELEASE LEVY AND RETURN PROPERTY. paragraph (1)for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such (b) Return of Property.—If the Secretary or his delegate determines person on or after the date such organization had actual notice or knowl- that property has been wrongfully levied upon, it shall be lawful for the edge (within the meaning of section 6323(i)(1)) of the existence of the Secretary or his delegate to return— lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain (1) the specific property levied upon, such contract•.in force under an agreement entered into before such organization.had such notice or knowledge. (2) an amount of money equal to the amount of money levied (3) Enforcement proceedings.-The satisfaction of a levy under upon, or paragraph (2) shall be without prejudice to any civil action for the en- forcement of any lien imposed by this title with respect to such (3) an amount of money equal to the amount of money re- contract. ceived by the United States from a sale of such property. (c) ENFORCEMENT OF LEVY.— Property may be returned at any time. An amount equal to the amount of money levied upon or received from such sale may be returned at any time before the expiration of 9 months from the date of such levy. (1) EXTENT OF PERSONAL LIABILITY.—Any person who fails or For purposes of paragraph (3), if property is declared purchased by the refuses to surrender any property or rights to property, subject to levy, United States at a sale pursuant to section 6335(e) (relating to manner upon demand by the Secretary or his delegate, shall be liable in his own and conditions of sale),- the United States shall be treated as having person and estate'to'the-United States in a sum equal to the value of received an amount of money equal to the minimum price determined the property or rights not so surrendered, but not exceeding the amount pursuant to such section or (if larger) the amount received by the of taxes for the collection of which such levy has been made, together United States from the resale of such property. with costs and interest on such sum at the rate of 6 percent per annum from the date of such levy. Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the AMICABLE- SECTIONSOF INTERNAL REVENUE CODE collection of which-such•lev.X was made. (2) PENALTY FOR VIOLATION.—In addition to the personal liability 6321. Lien for Taxes. imposed by paragraph (1), if any person required to surrender property 6322. Period of lien. or rights to property fails or refuses to surrender such property or rights 6325. Release of lien or discharge of property. to property without reasonable cause, such person shall be liable fora 6331. Lev and distraint. penalty equal to 50 percent of the amount recoverable under paragraph y (1). No part of such penalty shall be credited against the tax liability 6332. Surrender of property subject to levy. for the collection of which such levy was made. 6333. Production of books. (d) EFFECT OF HONORING LEVY.' Any person' in possession of 6334. Property exempt from levy. (or obligated with respect to) property or rights to property subject to 6343. Authority to release levy and return property. levy upon which a levy has been made who, upon demand by the Secre- 7426. Civil actions by persons other than taxpayers. tary or his delegate, surrenders such property or rights to property (or discharges such obligation)to the Secretary or his delegate (or who pays FOR ADDITIONAL INFORMATION CONCERNING THIS NOTICE OF LEVY, a liability under subsection (c)(1)) shall be discharged from any obli- gation or liability to the delinquent taxpayer with respect to such proper- ty or rights to property arising from such surrender or payment. In the THE NAME AND ADDRESS OF TAXPAYER.. :FORNt668-A (REV, 11•68) September 2, 1971 Internal Revenue Service 420 West Wa:-hington Boulevard Montebello, California'90640 Attentiont K. E. Jones Revenue Officer Subjects Levy of $385.70 Oka Bros. Agreement No. 110 Gentlemen: Oka Bros., a corporation, as builder of master planned storm drains in District TC of the city of Huntington Beach, was entitled to reimbursement as District funds became available. Wm. Lyon Development Company holds a prior reimbursement agree- ment and is still owed $15,455.10 from this district at this time. In August 1968, Oka Bros. assigned their right to reimburse- ment to Herman Tolkan and to our knowledge this assignment is still in effect. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer, JRW:EIL:TM:ae ccs Herman Tolkan Oka Bros. -OFFICE MEMORANDUM To G/�/� Date From T In Re 3 -.,1/ Previous assignment executed 10/8/1964 . - wants to make sure not making two assignments . I M P O R T A N T! 0000000000 Date—U� Z Time/ Z 0 While You Were Out Phone TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH mess"ge_ Operator A, LBERT C. LUM ATTORNEY AT LAW 970 NORTH HILL STREET SUITE 202 LOS ANGELES,CALIFORNIA 90012 TELEPHONE 680-2600 March 17 , 1971 Bill Hartge City Engineer City of Huntington Beach Huntington Beach, California Re: Tolkan-Oka Brothers Reimbursement Agreement Dear Sir : Enclosed is a Collateral Security Agreement entered into between my client, Herman Tolkan, and Oka Brothers . I would appreciate your signing the original as acknowledgment of its receipt, retaining a copy for your file, and returning the original to me in the enclosed self-addressed envelope. Your courtesy and anticipated cooperation in this matter is appreciated. Yours truly, ALBERT C. LUM ACL :shl Encls . cc : Mr. Herman Tolkan COLLATERAL SECURITY AGREEMENT THIS COLLATERAL SECURITY AGREEMENT is entered into between HERMAN TOLKAN, hereafter referred to as TOLKAN, and OKA BROTHERS, a California Corporation, hereafter referred to as DEBTOR, RECITALS DEBTOR has previously borrowed from TOLKAN cash amounts at the interest rate of ten percent (10%) per annum on unpaid balance on certain dates as specified below: (a) $800.00 June 17, 1969 (b) ,$3,000.00 July 20, 1969 (c) $5, 000.00 July 31, 1970 (d) $1,500. 00 September 14, 1970 In addition, TOLKAN is the assignee of a note in the amount of $32450.00 (dated July 31, 1970) , payable to CLYDE GOTO. DEBTOR is the obligor on said note. DEBTOR acknowledges his indebtedness of the above amounts, plus interest at the rate of ten percent (10%) per annum on unpaid balance from date of obligation. Further, DEBTOR has previously entered an agree- ment dated July 24, 1968, on a prior separate obligation, assigned to TOLKAN its interest in that certain reimburse- ment agreement dated September 22, 1964, between the City of Huntington Beach, a Municipal Corporation, and OKA BROTHERS, a Corporation. The reimbursement agreement is No. 110 and refers to the construction of a storm drain in conjunction with the development of Tract 4992 in the County of Orange, State of California. Said assignment was for the purpose of OKA BROTHERS supplying collateral security to secure the indebtedness of DEBTOR to TOLKAN. It is the intent and purpose of this agreement to have as collateral security for the above-mentioned indebted- -1- , ness, acknowledged by DEBTOR, the aforementioned reimbursement agreement. DEBTOR specifically waives any rights it has in said security agreement insofar as it relates to the balance due, to DEBTOR after payment of the obligation set forth in the agreement dated July 24, 1968 and the indebtedness set forth above; except that, in the event there is a balance remaining after deductions for payments of the prior obliga- tions - and of the above-mentioned indebtedness, interest, costs and attorney fees should they be required, TOLKAN shall pay to DEBTOR the balance remaining of the amount received under the reimbursement agreement. In the event the amount received under the reimbursement agreement is insufficient to satisfy the obligation set forth in the July 24, 1968 agreement, and the above-mentioned amounts of indebtedness, including principal, interest, costs and attorney fees, DEBTOR acknowledges his further liability for said amounts . None of the foregoing shall be construed to waive any right that TOLKAN shall have against any of the indivi- dual guarantors of the July 24, 1968 agreement, cr to proceed to collect the above-mentioned amounts of indebtedness through the attachment, seizure, execution, or claim and delivery of, other assets owned by DEBTOR, In consideration' of the above, TOLKAN agrees to forbear any legal action against DEBTOR on the above-mentioned claims until and including July 15, 1971. DATED: March /-5 , 1971 OKA BROTIJERS B . A' /l'I'•,� �lam" �� RMAN. LKAN We acknowledge receipt of a copy of this agreement. CITY OF HUNTINGTON BEACH By Date received: MMi February 199'..1974 William Lyon Development 4463 Birch Street Neewport Beach, California 92664 Attentions Alton Fowler Sub j ec t i. Reimbursement Agrees= ��096 District 7C Gentlemen$ There has been no change in. the status of Drainage District 7C since the City reimbursed you $37,783.23. The retaining Dbalance on this agreement is $279229.80. Very truly yours, James R.`Wheelar Director of public Works t - ( H. E. Hartge City Engineer JRWs HEH:TMs nt o 917 /Ulm�e�,r� September 16, 1969 aka Brothers f ' I 817 West Beverly Boulevard Montebello. California 90640 �- Attention: Dick Th=pson i Dear Sir: i Enclosed, isa sketch of Drainage District 7-C In which your reim- bursement is written. The land that has not been de*eloped is showtg by the amount of acreage of each parcel. The total ,acreage of these parcels is approxim mately 140 acres which will yield $188r= in fees. William Lyon, who holds a prior reimbursement agreement, is still owed approximately $27,000 and utter he has been reimbursed you could expect drainage fees to be reimbursed to you. - vary truly yours, Jan** R. :Wheeler Director of Public Works Darrell G. Boyer Division Engineer JRW:DGBiTg4nt Ent. I I I :'uagr act 2l 1958 and vA.tz,= Cowacil ;Q ity of Rurt:ington Beach Att :nt-J on: :Coyle PhIler City Administrntor Subject: Reimbursement Agreement No. 110 Dra-image Area 7C Trap-�rr�i .ted herewith is as assignment from Oka Brothers IO Herwan ollkm-a of the Oka Brothers rights 1z Reimbursement A4;voswo at Fo. 110. The assignment h3s been approved by the Gi.ty A t-oxmcl as to form Fad meets the approval of this office, It is suggested tiaat the City Council approve the a a gnment and to instrutz: the Mayor and City Clerk to 2:-n-r; ,rL the Mayor and City Clerk to a-ocute same. The C z y Q elm abould rmit ane copy to this office for trans- wi ttnl Very truly yours• James Bo WhN- a.er Director of Public Works 'rMW wMz&P-O T4A4 . August 218, 1968 Herman Tolkan 301 South Rexford Beverly Hills, California Subject: Reimbursement Agreement No. 110 Oka Bros. Dear Mr. Tolkan: Transmitted herewith is a copy of the assignment between yourself and Oka Bros. transferring the interest of Reimbursement Agreement No. 110 to you. Very truly yours, James R. Wheeler Director of Public Works H. E. Hartge City Engineer JRW.HEH:ae Trans. cc: Oka Bros. bcc: h _ 1 wlfi t -NEWNT 8 TUS A"IGNIOM AQBips III T, Made cad ent.*red into as 3 of the •th day of October, 1964, by and betw*on 'IrfQM ♦ALLZY 4 SARK, hereinafter -referred to as "Bask", the CITY OF HUNTINWM 8 BEACI!I, a municipal co rporation,orperatioun, hereinafter referred to as "City", 6 and OKA BRt7i' M, a corporation, hereinafter referred to as 7 yr Deve�.f✓�?lt'2".r 8 W I T N R 6 S9TN: 9 WHZRAi, Developer has heretofore planned the develop- 10 meat of 'Tract 4992 in the City of Ihmtington Beach and for the 11 construction of the Lnpala Lane storm drain improvement at De- ' 12 velopor's expense pursuant to the terms of that certain reimburse- 13 meat agreement heretofore entered into between City and Developer 14 and attached hereto as Exhibit A; and 18 WBEBEAS, Developer under said agreement will be entitled 16 to up to $53,675. 19 refundable suers from City to Developer pursuant 17 to said Exhibit A; and 18 ieTHZRFAS, Developer desires by this agreement to at this 19 time transfer all of Developer's right, title and interest in and 20 to said funds to Bank and directs City to pay funds directly to 21 Sank in accordance with this agreement; and 22 WHZRFAS, City tv,�, Tilling to accept this assignment and 2g �' pay such funds as beeoma due directly to sank; 24 NOW. TSERIFORE, in consideration of the above and the 25 mutual agreements contained herein, it is mutually agreed by and 2e between the parties hereto as follows: 27 I 2e Developer does hereby transfer and assign effective as 29 of the date of this agreement any and all right, title, and in- 30 terest which Developer now has, or may hereafter have or acquire, 31 to any and all sums of money which are now due or may hereafter 32 become duo from City to Developer pursuant to the term of the -1- v � rr 1 attached agreement designated as Exhibit A, incorporated herein 2 by reference, which said funds are now transferred to Bank. De- 3 veloper does hereby irrevocably instruct and direct City to pay 4 any and all sums due to Developer at any time in the future un- 5 der said Exhibit A directly to Bank and not to Developer; and - 6 in making said disburser, Developer hereby irrevocably directs 7 City to issue its checks or drafts for disbursemeint payable only 8 to sank and not to Developer and to send the same to Bank at its 9 amain office in the City of Huntington Beach. 10 II 11 City, by consent to this assignment, does hereby agree 12 that all of Developer's rights in and to all sums now due or 13 hereafter to become due from City to Developer are hereby ir- 14 revocably transferred to Bank, and City Will disburse each and 15 all of said funds directly to Brow as provided above. 16 IIi 17 Bank hereby agrees to apply any funds received by Bank 18 from City under this agreement to any indebtedness then owed by 19 Developer to Bank. and said funds shall be applied on any indebted- 20 nose then owed by Developer to Bank in the sole discretion of Bank 21 22 so that Bank shall have the right to apply any funds received on 23 any particular indebtedness it deems best or necessary in its sole 24 discretion, and Developer does hereby authorize and direct Bank 25 to so apply said funds. 26 Iv 27 It is agreed between Developer and Bank that this assign- 28 sent does not constitute payment of any indebtedness now owed or 29 hereafter owed by Developer to Bank and that any such said indebted- 30 ness shall not be paid until cash is actually received by' Bank from 31 City hereunder or from Developer directly. 32 -2- 1 8 City hereby agrees to report to Bank on developtsent 3 and progress in the area as City normally would do to Developer 4 in regard to funds which may be coating to the City and refundable b under this agreement or Exhibit A attached hereto. 8 VI 7 Developer hereby agrees that in the event Bank is 8 obliged to file any legal proceedings to enforce, or defend, any 9 of Bank's rights under this agreement that Developer will reiab- 10 burso Bank immediately upon demnd for all expenses, court costs, 11 sW attorney's fees so in+eurred by Bank. 12 VII 13 Developer hereby also agrees that Bank shall continue 14 to have the right in its sole discretion to take any steps it 16 deems necessary at any time in its sole discretion if Bank deter- 16 mines in its sole discretion that any other actions are necessary 17 directly on any indebtedness then owed by Developer to Bank, in 18 order that Bank may secure its position in other ways or obtain 19 payment of any indebtedness owed by Developer to Bank in any other 20 matter Bank deems necessary to protect itself in its sole discre- 21 tion; and Developer hereby agrees to reimburse Bank for any and 22 all court costs, expenses, and attorney's fees so incurred. 23 VIII 24 Bank hereby agrees that after all indebtedness owed by 25 Developer to Bank has been paid, in that event if Bank receives 26 any funds hereunder from City, Bank will disburse the same to De- 27 veloper. 28 IX 29 It is mutually agreed between the parties hereto that 30 this agreement covers each and all of the provisions with respect 31 to the subject matter herein covered; that the same cannot be 32 changed or altered in any gray except by an agreement in writing -3- I executed by all of the -parties hereto; and that each and all of 2 the provisions hereof shall be binding upon, and inure to the 3 benefit of, the assigns or essignees or successors in interest 4 to any of the parties hereto. 6 X 6 It is mutually a3reed by all of the parties hereto 7 that City shall not be obligated to disburse any funds to Bank 8 hereunder. until City receives the same pursuant to the provisions 9 contained in Exhibit A. 10 IN WITNESS WX=OF, the parties hereto have executed 11 this agreement as of the date first above written. 12 13 HUNTINGTON VALLEY BANK, a banking 14 corporation 15 16 President 17 ' Secretary 19 CITY OF HUNTINGTON BEACH, a 20 municipal corporation 21 ATTEST: •" A'Ld - 22 Keyot 23 City Cierk APPROVED AS TA-FORM: 24 28 ss. atant City ttorney 26 27 OKA BROMRS, a corporation z8 29 !<s en 30 31 secretary 1 32 -4- 5' IiINUMEMT AOREMMT THIS AGUM ENT dated this day of , 1964, by and BETWEEN CITY OF WMINGT01 BEACH a municipal corporation hereinafter for convenience referred to as CITY OKA BROTHERS, a corporation, hereinafter for convenience referred to as, DEVELOPER RITHESSETHt 1IHERSAS, Developer has filed application with the City of Huntington Beach for construction of a Store Drain in conjunction with the developwnt of Tract 4992, as delineated on the Impala Lane Storm Drain improvement plans in drainage area number 7C. and, WILEW.AS, Developer is, at his awn cost and expense constructing said work all in conformity with the plans, specifications and provisions as approved by the Dirvotor of Public '.+arks, and, ihTHEREAS# construction of said work has been in conformity to an applicable chapter of the Huntington Beach Ordinance Code, and 'iYHERWp Developer is entitled to reimbursement for the work performed, following the construction of these works, said reimbursement to be made as agreed herein. Number 110 EXHIBIT A 'look" r -- NOW TIMEFORF, in consideration of: the premises and the agreements herein contained, the parties agree as follows: 1. . That upon completion of the work, or portions thereof herein described by the Developer, to the full satisfaction of the. Director of Public Works and on its being; accepted by the City of Huntington Roach, Developer shall be entitled to reimbursement for drainage fees paid at the timo of development of, lands tributary to this storm drain; more specifically, but not limited to Section 18 and the_N V2 ° of Section 19, T 6 S R 10 'A'; drainage fees based on this area at the into of $+1,350.00 acre, as shown on Exhibit "A" attached hereto. 2. That the facility under-construction by Developer in drainage area 7C for.rhich refunds are hereby agreed to be paid is described as follows: "Impala Lane Storm Drain. 3. That the cost to Developer to date for construction of this facility is eati-iated to be is follows: Storm Drain Construction - w 72,143.19 4. That the Developer at the request of and in the: best interest of, the City has under construction this facility sized to City require:::ents, and for which the City has agreed to participate in the amount of NONE. 5. That the refund to be }paid the Developer under t.iis agreement is as follows: Tonal cost of facilities constructed by Developer — 72,143.19 Less: Rrfund credited by construction of Developer's tracts as follows: Tract Acres Amount 4992 1,3.68 $18,4.68.00 Not Refundable $53,675.19 t 6. That refund shall be made by the C' erk of the City of Huntington Beach, upon certification by the Diroctor of Public Alo:ks, to the Developer as the work progresses to the extent that funds are .available from drainage fees collected for service by this facility. 2 _ J 7. If additional users participate in drainage facilities in daalnaige area number 7C in the future, the drainage fees they pay will be dis— tributed to those individuals or entities' that have previously contributed to the cost of the drain, in proportion to the cost borne by each such individual or entity. 8. City shall not be liable for payment of refund by reason of its failure to collect or receive f ron any person or entity the drainage fee. However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Developer, either individuals or entities, who have previously constructed drainage facilities, by the collecting of the drainage fees, either prior to or concurrent with the approval of any final saps within the drainage area, if a developer, who is within the drainage area; is required, as a condition to the approval of a tentative or a final map to construct drainF ge facilities within the drainage area, City may allow said developer credit towards the per acreage fee consistent with this said agreementf City further agrees to furnish a copy of this agreement to the developer of any properties in the drainage area. 9. In the event City does not require a developer within the drainage area to deposit the drainage fee with the City prior to or concurrent with the approval of the tentative or final reap, in that event City will provide in any agreement with said developer that said developer is obligated not only to the City but to the developer, individuals or entities who have previously contributed to the cost of construction of drainage facilities within the drainage area; said agreement will further provide that in the dvenrt that it become neceseaary to institute legal proceedings, either by the City or by the developer who has previously contributed to the cost of drainage facilities, to enforce the rights of the parties there under that the prevailing party shall be ,entitled to roasonrtb3a attorneys f©esg pro- vided however that the City shall not be required to pay the attorneys fees for any of the parties. 10. It is understood that the City is not required to institute legal proceedings to protest the interest of the developer, but may do so. � 3 - DATED: � 1964 CITY OF HUNTINGTON BEACH A nunicipal corpomtion ATTEST: By ----- Mayor City Clerk APPROVED AS TO FdRW: a t: ty Xttorney OLL BROTHERSi { sT►?a Or CAL77CRXIA ) CDOTT Or OUX09 ) On-thiq day of , 1964, before me# a Notary Public in and for said County and State, personally appeared known to me to be the Mayor and , known to me to be the City Clerk of the City of Huntington Beach, the uwdcipal corporation that executed Via within instrument, known to me to be the persons who executed the within instrment on behalf of said municipal corporation and ack nonladged to mw. thAt auc:A municipal corpo- ration executed the �wkle. otary Nblic in and f or sa33 County and State STATE OF CA LIFO.4h IA ) as COUNTY CF ORANGS ) 1964 before me a Notary Public, in and for said County and State, personally appeared and known to swan to be the� �`. <<, President and the Secretary of the corporation that executed the within instrument, and also known to we to be the persons who excuted it on behalf of such corporation, and acknow- ledged to me that such corporation executed the same, and further acknowledged to me that such corporation executes '.hr within instrummwentj pursuant to its by-laws or a resolution of its Board of Directors. OFFICIAL SEAL ' SUSAN M. WAHI i " '.► NOTARY NMI IC • CALIFORNIA Notary Public —- t;�'' �J PRINCIPAL OFFICE IN I My oommieaion expiers ORANGE COUNTYM. wAHL MY COMMISSION EXtIRES kAy 4, 196i r �. _ _—� r.—. .ter .--.....�..� x^ �f •Ja�v+..u�._ _ �.� ho......_w�••�.� �.a✓�� � �`�/ _ ikV =y td LW ' .•A••� •tir•1_s':^^.n+ 1��I t"�J'�l�Cf' :a+�� ` l,�f�':i -ter• y��f, A.u...+.•r_r:n�.-.a+:.•::•: LeAAr�.55TT3:'.5.s<:.:.x.r.�an+��' •�.-.�.� 1'�r2:� - .'. 3 • � �A i zl